THE LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL (ACQUISITION) AND 
MISCELLANEOUS PROVISIONS ACT, 1977 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL 

3.  Lady Hardinge Medical College and Hospital to vest in Central Government. 
4.  Payment of amount. 
5.  Lady Hardinge Medical College and Hospital to be administered as Government institution. 
6.  Applicability of Act 2 of 1882 to Board of Administration. 
7.  Amount to be held for purposes of Scheme. 

CHAPTER III 

MANAGEMENT OF THE KALAVATI SARAN HOSPITAL 

8.  Kalavati Saran Hospital to be managed as Government institution. 

CHAPTER IV 

MISCELLANEOUS 

9.  Act to override all other enactments. 
10.  Provisions relating to officers and other employees of Lady Hardinge Medical College and 

Hospital and Kalavati Saran Hospital. 

11.  Effect of contracts, etc. 
12.  Contracts, in bad faith or detrimental to the interests of Lady Hardinge Medical College and 

Hospital and Kalavati Saran Hospital to be cancelled or varied. 

13.  Duty to deliver possession of property, etc. 
14.  Penalty. 
15.  Offences by companies. 
16.  Protection of action taken in good faith. 
17.  Cognizance of offences. 
18.  Indemnity. 
19.  Power to make rules. 

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THE LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL (ACQUISITION) AND 
MISCELLANEOUS PROVISIONS ACT, 1977 

ACT NO. 34 OF 1977 

[3rd December, 1977.] 

An Act to provide for the acquisition of the Lady Hardinge Medical College and Hospital and for 
the management of the Kalavati Saran Hospital, with a view to ensuring better facilities for 
higher  medical  education  for  women  and  medical  facilities  for  women  and  children  in  the 
Union territory of Delhi and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

 1. Short title and commencement.—(1) This Act may be called the Lady Hardinge Medical College 

and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977. 

(2) It shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “appointed day” means the date on which this Act comes into force; 

(b)   “Board of  Administration”  means  the  Board  of  Administration  constituted  by  the  Central 

Government under the Scheme; 

(c)   “Board  of  Management”  means  the  Board  of  Management  of  the  Kalavati  Saran  Hospital, 

constituted by the Central Government; 

(d)   “Fund”  means  the  Lady  Hardinge  Hospital for  Women  and  Children,  Delhi,  Fund 

established by the Scheme; 

(e)   “Kalavati  Saran  Hospital”  means  the  institution   known  as  the  Kalavati  Saran  Children’s 
Hospital,  New  Delhi,  together  with  the  dispensaries  attached  thereto  and  used  in  connection 
therewith, and includes all laboratories and libraries used in connection with, or as accessories to, or 
adjuncts of, the said Hospital; 

(f)   “Lady  Hardinge  Medical  College  and  Hospital”  means  the  institutions  known  as  the  Lady 
Hardinge Medical College for Women, New Delhi, and the Lady Hardinge Hospital for Women and 
Children,  New  Delhi,  together  with  the  dispensaries  attached  thereto  and  used  in  connection 
therewith,  and 
boarding-houses  used  in  connection  with,  or  as  accessories  to,  or  adjuncts  of,  the  said  College  of 
Hospital; 

lecture-rooms,  museums, 

includes  all 

laboratories, 

libraries,  hostels  and           

(g)   “Scheme”  means  the  Scheme  for  the  administration  of  the  Fund  settled  by  the  Central 
Government under sub-section (1)  of section 5 of the Charitable Endowments Act, 1890 (6 of 1890), 
and    published   with  the  notification  of  the  Government  of  India,  in  the  late  Ministry   of  Health,    
No. F. 4-3(1) /53-MI, dated the 12th June, 1953, as amended by the notifications of the    Government 
of  India,  in  the  late  Ministry of  Health,  No.  F.  4-77/56-MII,  dated the  14th  March, 1957  and             
No. F. 4-77/56-MII, dated the 17th April, 1957;  

(h)  “Treasurer”  means  the  Treasurer  of Charitable  Endowments for  India,  appointed under  the 

Charitable Endowments Act, 1890 (6 of 1890). 

1. 1st February, 1978, vide notification No. S. O. 188(E), dated 12th January, 1978, see Gazette of India, Extraordinary, Part II,         

sec. 3(ii). 

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ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL 

CHAPTER II 

3.  Lady  Hardinge  Medical  College  and  Hospital  to  vest  in  Central  Government.—(1) On  the 

appointed day, the Lady Hardinge Medical College and Hospital together with— 

(a) all  lands,  on  which  the  Lady  Hardinge  Medical  College  and  Hospital   stands,  and  all  other 

lands appurtenant thereto and all buildings, erections and fixtures on such lands; 

(b) all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assets 

of the Lady Hardinge Medical College and Hospital; 

(c) all  other  properties  and  assets,   movable  and  immovable  including   leases  pertaining  to  the 
Lady  Hardinge  Medical  College  and  Hospital,  whether  vested   in  the  Treasurer  of  the  Board  of 
Administration  or  in  any  other  person;  and  all  rights,  powers,  authorities  and  privileges,  cash 
balances, reserve funds, investments and all other rights and interests in, or in relation  to, or arising 
out of, such property as were, immediately before the appointed day, in the ownership, possession, 
power or control of the Treasurer or the Board of Administration  or  any other person in charge of 
the management of the affairs of the Lady Hardinge Medical College and Hospital; and 

(d)  all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever 
kind, incurred in relation to, the Lady Hardinge Medical College and Hospital, and subsisting on the 
appointed day, 

shall stand transferred to, and  shall  vest absolutely in, the Central Government. 

(2)  Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the 
properties, and assets, referred to in sub-section (1), shall, as from the appointed day, be construed as if it 
were made or executed in favour of the Central Government. 

(3)   Subject  to  the  other  provisions  contained  in  this  Act,  any  property,   referred  to  in                     

sub-section  (1),   which,  by  virtue  of  the  provisions  of  that  sub-section,  has  vested  in  the  Central 
Government,  shall,  by  force  of  such  vesting,  be   freed  and  discharged  from  any  trust,  obligation, 
mortgage, charge, lien and other incumbrances affecting it, and any attachment, injunction  or any decree 
or order of any court  or tribunal restricting the use of such property in any manner shall be deemed to 
have been withdrawn. 

(4) Subject to the other provisions contained  in this Act, any proceeding or cause of action, pending 
or  existing   immediately  before  the  appointed  day,  by  or  against  the  Treasurer  or  the  Board  of 
Administration  or any other person, in relation to the Lady Hardinge Medical College and Hospital, may, 
as from the appointed day, be continued and enforced by or against the Central Government as it might 
have been enforced by or against the Treasurer or the Board of Administration  or such other person if 
this Act had not been enacted, and shall cease to be enforceable by or against the Treasurer or the Board 
of Administration or such other person. 

4. Payment of amount.—(1) The Central Government shall give, in cash, to the Treasurer an amount 
equivalent to the sum of rupees one lakh for the transfer to, and vesting in, the Central Government, under 
section 3, of the Lady Hardinge Medical College and Hospital. 

(2) The amount, referred to in sub-section (1), shall be paid within three months from the appointed 

day (hereafter in this section referred to as the specified period). 

(3) The  amount,  referred  to  in  sub-section  (1), if  not  paid  within  the  specified  period,  shall  carry 
interest at the rate of four per cent. per annum from  the date of expiry of the specified  period until the 
payment thereof. 

5.  Lady  Hardinge  Medical  College  and  Hospital  to  be  administered  as  Government 
institution.—On  and  from  the  appointed  day,  the  Lady  Hardinge  Medical  College  and  Hospital  shall 
be administered  by  the  Central  Government  as  a  Government  institution,  and,  in  administering  the 
properties transferred to and vested in it under section 3, regard shall be had to the purposes specified in 
the Scheme. 

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6.  Applicability  of  Act  2  of  1882  to  Board  of  Administration.—For  the  removal  of  doubts,  it  is 
hereby declared that nothing in this Act shall be deemed to apply to any right accrued to, or any liability 
incurred by, the Board of Administration or any member thereof under the provisions of the Indian Trusts 
Act, 1882, in respect of anything done or omitted to be done by it or him during any period preceding the 
appointed day. 

7. Amount to be held for purposes of Scheme.—(1) The amount paid under section 4 shall vest in 
the  Treasurer,  and  shall  be  held  by  him  in  the  same  manner  as  the  Fund  vested  in  him  was  held  by 
him  immediately before the appointed day. 

(2)  The  amount  paid  to  the  Treasurer  under  section 4  shall  be  administered  by  the  Board  of 
Administration in the same manner in which the Fund was administered by it, as if such amount were the 
Fund. 

CHAPTER III 

MANAGEMENT OF THE KALAVATI SARAN HOSPITAL 

8.  Kalavati  Saran  Hospital  to  be  managed  as  Government  institution.—(1) Notwithstanding 
anything  contained in  any  contract  or  instrument to  the  contrary,  on  and  from  the  appointed  day,  the 
Kalavati Saran Hospital shall be managed by the Central Government as a Government institution. 

(2) In managing the Kalavati Saran Hospital as a Government institution, regard shall be had to the 
purposes  for  which  that  Hospital  was  set  up  in  pursuance of  the  indenture,  dated  the  8th  day  of           
June, 1954, executed by Shri Ashok Saran, and the indenture, dated the 8th day of June, 1954, executed 
by Shri Raghbir Saran, in favour of the President of India. 

(3) On and from the appointed day, the Board of Management shall stand dissolved. 

CHAPTER IV 

MISCELLANEOUS 

9.  Act  to  override  all  other  enactments.—The  provisions  of  this  Act  shall  have  effect 
notwithstanding anything inconsistent therewith contained  in any other law for the time being in force or 
any instrument  having effect by virtue of any law other than this Act or any decree or order of any court, 
tribunal  or authority. 

10. Provisions relating to officers and other employees of Lady Hardinge Medical College and 
Hospital and Kalavati Saran Hospital.—(1) Every officer or other employee, who, immediately before 
the  appointed  day,  is  employed  in,  or  in  connection  with  the  affairs  of,  the  Lady  Hardinge  Medical 
College  and  Hospital,  or,  as  the  case  may  be,  the  Kalavati  Saran  Hospital, shall  become,  as  from  the 
appointed day,  an officer or other employee, as the case may be, of the Central Government, and shall 
hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and 
with the same  rights and privileges as to pension, gratuity and other matters as he would have held, if this 
Act had not been enacted, and shall continue to do so unless and until his employment  under the Central 
Government is duly terminated or until his remuneration, terms and conditions duly altered by the Central 
Government: 

Provided  that, if the alteration so made is not acceptable to any such officer or other employee, his 
employment may be terminated by the Central Government on payment to him of an amount equivalent 
to three months’ remuneration  in the case of permanent employees and one month’s remuneration in the 
case of other employees: 

Provided  further  that  nothing  contained  in  this  sub-section  shall  apply  to  any  officer  or  other 
employee  who  has,  by  notice  in  writing  given  to  the  Central  Government  within  thirty  days  next 
following the appointed day, intimated his intention of not becoming an officer or other employee of the 
Central Government. 

(2)  Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any 
other  law  for  the  time  being  in  force,  the  transfer  of  the  services  of  any  officer  or  other  employee, 
employed  in,  or  in  connection  with  the  affairs  of,  the  Lady  Hardinge  Medical  College  and  Hospital  or 

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the Kalavati  Saran  Hospital  to  the  Central  Government  shall  not  entitle  any  such  officer  or  other 
employee to any compensation under that Act, or any other law, and no such claim shall be entertained by 
any court, tribunal or other authority. 

(3)   For  the  persons  who,  immediately  before  the  appointed  day,  were  the  trustees  for  any  person, 
provident  or  gratuity  fund  or  any  other  like  fund  constituted  for  the  officers  or  other  employees  of  the 
Lady  Hardinge  Medical  College  and  Hospital  and  the  Kalavati  Saran  Hospital, there  shall  be 
substituted as trustees such persons as the Central Government may, by general or special order, specify. 

11. Effect of contracts, etc.—(1)  All contracts, deeds, bonds, agreements, powers of attorney, grants 
of legal representation and other instruments of whatever nature, subsisting or having effect immediately 
before the appointed day, and to which the Board of Administration  or, as the case may be, the Board of 
Management, or any person on behalf of the Board of Administration or, as the case may be, the Board of 
Management, is a party, or which are in favour of the Board of Administration or, as the case may be, 
Board  of  Management,  shall,  in  so  far  as  they  relate  to  any  purpose,  or  affairs,  of  the  Lady  Hardinge 
Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, be of as full force and 
effect against, or in favour of, the Central Government, and may be enforced or acted upon as full and 
effectually  as  if  in  place  of  the  Board  of  Administration   or,  as  the  case  may  be,  the  Board  of 
Management, the Central Government had been a party  thereto or as if they had been issued in favour of 
the Central Government. 

(2) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the 
Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, or any 
affair of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, is pending by, 
or against, the Board of Administration or, as the case may be, the Board of Management or the Treasurer 
or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by 
reason  of the transfer of the Lady Hardinge Medical College and Hospital  to the Central Government or 
by reason of the assumption of management of the Kalavati Saran Hospital by the Central Government, or 
of anything contained in this Act; but the suit, appeal or other proceeding may be contained, prosecuted 
and enforced by or against the Central Government. 

12.  Contracts,  in  bad  faith  or  detrimental  to  the  interests  of  Lady  Hardinge  Medical  College 
and Hospital and Kalavati Saran Hospital to be cancelled or varied.—(1) Notwithstanding anything 
contained in section 11, the Central Government may, if satisfied  after such inquiry as it may think fit, 
that  any  contract  or  agreement  entered  into  before  the  appointed  day  between  the  Board  of 
Administration   or  Board  of  Management  or  any  member  thereof,  in  relation  to  the  Lady  Hardinge 
Medical  College  and  Hospital,  or,  as  the  case  may  be,  the  Kalavati  Saran  Hospital,  or  any  affairs 
connected with the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, has been 
entered  into  in  bad  faith,  or  is  detrimental  to  the  interests  of  the  Lady  Hardinge  Medical  College  and 
Hospital, or, as the case may be, the Kalavati Saran Hospital, it may make an order cancelling or varying 
(either unconditionally or subject to such conditions as it may think fit to impose for the purpose) such 
contract or agreement and thereafter the contract or agreement shall have effect accordingly: 

Provided that no contract or agreement shall be cancelled or varied except after giving to the parties 

to the contract or agreement a reasonable opportunity of being heard. 

(2) Any  person  aggrieved  by  an  order  made  under  sub-section  (1), may  make  an  application  to  the 
principal court  of  civil jurisdiction  within  the  local  limits  of  whose  jurisdiction  the  Lady  Hardinge 
Medical  College  and  Hospital,  or,  as  the  case  may  be,  the  Kalavati  Saran  Hospital  is  situated,  for  the 
variation or reversal of such order and thereupon such court may confirm, modify or reverse such order. 

13.  Duty  to  deliver  possession  of  property,  etc.—(1) On  the  transfer  to,  and  the  vesting  in,  the 
Central Government of the Lady Hardinge Medical College and Hospital, and on the assumption of the 
management of the Kalavati Saran Hospital by the Central Government,— 

(a) the  Board  of  Administration,  or,  as  the  case  may  be,  the  Board  of  Management,  and  every 
person in whose possession, custody or control any property or asset specified in sub-section (1) of 
section 3, or any property or asset pertaining to the Kalavati Saran Hospital may be, shall deliver the 
same to such officer or other person as may be authorised by the Central Government in this behalf; 

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(b) the  Board  of  Administration  or,  as  the  case  may  be,  the  Board  of  Management,  and  every 
person who, immediately before such vesting or assumption, has in his possession, custody or control 
any books, documents or other papers relating to the Lady Hardinge Medical College and Hospital, or 
the Kalavati Saran Hospital, shall be liable to account  for the said books, documents and papers to 
the  Central  Government  and  shall  deliver  them  up  to  the  Central  Government or  to such officer or 
other person as may be authorised  by the Central Government  in this behalf. 

(2) Without  prejudice  to  the  other  provisions  contained  in  this  section,  it  shall  be  lawful  for  the 
Central Government to take all necessary steps for taking possession of all properties and  assets which 
have been transferred to, and vested in, it under this Act, or in relation to which the management has been 
assumed by it under this Act. 

14. Penalty.—Any person who,— 

(a) having in his possession, custody or control any property held for the  purposes of the Lady 
Hardinge  Medical College and Hospital or the Kalavati Saran Hospital, wrongfully withholds such 
property from the Central Government; or 

(b) wrongfully obtains possession of, or retains, any property held for the purposes of the Lady 

Hardinge Medical College and Hospital, or the Kalavati Saran Hospital; or 

(c) willfully  withholds  or  fails  to  furnish  to  the  Central  Government  any  books,  documents  or 
other  papers   relating  to  the  Lady  Hardinge  Medical  College  and  Hospital  or  the  Kalavati  Saran 
Hospital; or 

(d) fails  to  deliver  to  the  Central  Government  any  assets,  books  or  other  documents  in  his 
possession,  custody  or  control  relating  to  the  Lady  Hardinge  Medical  College  and  Hospital  or  the 
Kalavati Saran Hospital; or 

(e) wrongfully  removes  or  destroys  any  property  held  for  the  purposes  of  the  Lady  Hardinge 

Medical College and Hospital or the Kalavati Saran Hospital; or 

(f) wrongfully uses any property held for the purposes of the  Lady Hardinge Medical College and 

Hospital or the Kalavati Saran Hospital, 

shall by punishable  with imprisonment  for a term which may extend to two years, or with fine which 
may extend to ten thousand rupees, or with both. 

15.  Offences  by  companies.—(1) Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who, at the time the offence was committed, was in charge of, and was reasonable 
to, the company for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2)   Notwithstanding  anything  contained  in  sub-section  (1),  where  any  offence  under  this  Act  has 
been committed by a company and it is proved that the offence has been committed with the consent or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of   

individuals; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government or any of its officers or other employees for anything which is in good 
faith done or intended to be done under this Act. 

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17.  Cognizance  of  offences.—Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure,  1973 (2 of 1974), no court shall take cognizance of any offence under this Act except on a 
complaint, in writing, made by the Central Government or any officer authorised  in this behalf by that 
Government. 

18.  Indemnity.—Every  officer  of  the  Central  Government  shall  be  indemnified  by  the  Central 
Government  against  all  losses  and  expenses  incurred  by  him  in,  or  in  relation  to,  the  discharge   of  his 
duties under this Act except such as have been caused by his own wilful act or default. 

19. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2) Every  rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament while it is in session for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if,  before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

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